[Federal Register Volume 89, Number 11 (Wednesday, January 17, 2024)]
[Rules and Regulations]
[Pages 2883-2885]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-00658]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R05-OAR-2022-0673; FRL-10900-02-R5]


Air Plan Approval; Illinois; NAAQS Update

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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SUMMARY: The Environmental Protection Agency (EPA) is approving a State 
Implementation Plan (SIP) revision submitted by the Illinois 
Environmental Protection Agency (IEPA) on July 8, 2022. Illinois 
revised its air pollution control rules entitled ``Part 243--Ambient 
Air Quality Standards'' and updated the ``List of Designated Reference 
and Equivalent Methods'' in response to EPA rulemakings and changes to 
the National Ambient Air Quality Standards (NAAQS) that EPA adopted in 
2021.

DATES: This final rule is effective on February 16, 2024.

ADDRESSES: EPA has established a docket for this action under Docket ID 
No. EPA-R05-OAR-2022-0673. All documents in the docket are listed on 
the www.regulations.gov website. Although listed in the index, some 
information is not publicly available, i.e., Confidential Business 
Information (CBI) or other information whose disclosure is restricted 
by statute. Certain other material, such as copyrighted material, is 
not placed on the internet and will be publicly available only in hard 
copy form. Publicly available docket materials are available either 
through www.regulations.gov or at the Environmental Protection Agency, 
Region 5, Air and Radiation Division, 77 West Jackson Boulevard, 
Chicago, Illinois 60604. This facility is open from 8:30 a.m. to 4:30 
p.m., Monday through Friday, excluding Federal holidays and facility 
closures due to COVID-19. We recommend that you telephone Daphne Onsay 
at (312) 886-5945 before visiting the Region 5 office.

FOR FURTHER INFORMATION CONTACT: Daphne Onsay, Life Scientist, Control 
Strategies Section, Air Programs Branch (AR-18J), Environmental 
Protection Agency, Region 5, 77 West Jackson Boulevard, Chicago, 
Illinois 60604, (312) 886-5945, [email protected].

SUPPLEMENTARY INFORMATION: Throughout this document whenever ``we,'' 
``us,'' or ``our'' is used, we mean EPA.

I. Background Information

    On July 8, 2022, IEPA submitted a request to EPA to incorporate 
revisions to the Illinois air pollution control rules in Title 35 of 
the Illinois Administrative Code, Part 243--Air Quality Standards. Part 
243 sets forth the NAAQS adopted by EPA under section 109 of the Clean 
Air Act (CAA). The submission updates Part 243: Sections 243.108 and 
243.122, effective May 18, 2022. Illinois revised Part 243 to reflect 
amendments to EPA's ``List of Designated References and Equivalent 
Methods'' used to determine compliance with the NAAQS (fine particulate 
matter and coarse particulate matter, sulfur dioxide (SO2), 
carbon monoxide, lead, oxides of nitrogen, and ozone). In addition to 
these changes, Illinois updated existing rule language to address EPA's 
revocation of the 1971 primary, 24-hour, and annual average NAAQS for 
SO2. An explanation of the CAA requirements, a detailed 
analysis of the revisions, and EPA's reasons for proposing approval 
were provided in the notice of proposed rulemaking and will not be 
restated here. The public comment period for this proposed rule ended 
on August 23, 2023.
    During the comment period, EPA received one comment that covered a 
variety of topics including comments on administrative changes being 
made that could increase the complexity and burden of regulatory 
compliance on affected industry. The comment is summarized and 
addressed below and the comment itself is included in the docket for 
this action. We do not consider this comment to be germane or relevant 
to this action and therefore not adverse to this action. The comment 
lacks the required specificity to the proposed SIP revision and the 
relevant requirements of CAA section 110. Moreover, the comment does 
not address a specific regulation or provision in question or recommend 
a different action on the SIP submission from what EPA proposed. 
Therefore, we are finalizing our action as proposed.

II. Response to Public Comments

    Comment 1: The commenter is concerned that the potential complexity 
of these administrative changes could increase the complexity of 
regulatory compliance and reporting. The commenter states that 
businesses may be required to dedicate more resources for compliance, 
which could place a financial burden on small and medium businesses. 
The commenter also states that the changes require consistent 
monitoring, increasing the possibility of non-compliance due to 
unawareness or misunderstanding.
    Response 1: Illinois is adopting requirements that are already 
established at the Federal level and making them applicable at the 
State level. Illinois is incorporating these Federal regulations into 
the Illinois air pollution control rules entitled ``Part 243--Ambient 
Air Quality Standards'' and also updating the ``List of Designated 
Reference and Equivalent Methods'' in response to EPA rulemakings. 
Illinois is also changing Section 243.122 to be consistent with the 
Round 4 area designations for the primary 2010 NAAQS for SO2 
that EPA issued in 2021. These administrative changes do not place 
additional requirements on regulated entities beyond those already 
established in the NAAQS. The commenter stated that the administrative 
changes should be consolidated to a degree that decreases the frequency 
of these changes. These administrative changes have been consolidated 
to include the Illinois

[[Page 2884]]

updates to Part 243, which reflect amendments to EPA's ``List of 
Designated References and Equivalent Methods'' used to determine 
compliance with the NAAQS. In addition, Illinois updated existing rule 
language to address EPA's revocation of the 1971 primary, 24-hour, and 
annual average NAAQS for SO2. Regarding the frequency of 
these administrative changes, EPA is required to update the NAAQS every 
5 years, in accordance with section 109 of the CAA. EPA is following 
statutory requirements.

III. Final Action

    EPA is approving a revision to the Illinois SIP. The submittal 
updates revisions to the Illinois regulations at Title 35 of the 
Illinois Administrative Code, Part 243--Air Quality Standards (Part 
243). Specifically, the updates made to Part 243: Sections 243.108 and 
243.122--are intended to be ``identical in substance'' to, and 
consistent with the updates to the list of designated Federal 
equivalent and reference methods and updates to the NAAQS adopted by 
EPA. IEPA's revisions mirror EPA's reference method for the 2010 1-hour 
SO2 standard. IEPA removed the 1971 primary, 24 hour, and 
annual SO2 standard reflecting EPA's action at the Federal 
level.

IV. Incorporation by Reference

    In this rule, EPA is finalizing regulatory text that includes 
incorporation by reference. In accordance with requirements of 1 CFR 
51.5, EPA is finalizing the incorporation by reference of Illinois 
Regulations described in section I of this preamble and set forth in 
the amendments to 40 CFR part 52 below. EPA has made, and will continue 
to make, these documents generally available through 
www.regulations.gov and at the EPA Region 5 Office (please contact the 
person identified in the FOR FURTHER INFORMATION CONTACT section of 
this preamble for more information). Therefore, these materials have 
been approved by EPA for inclusion in the SIP, have been incorporated 
by reference by EPA into that plan, are fully federally enforceable 
under sections 110 and 113 of the CAA as of the effective date of the 
final rulemaking of EPA's approval, and will be incorporated by 
reference in the next update to the SIP compilation.\1\
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    \1\ 62 FR 27968 (May 22, 1997).
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V. Statutory and Executive Order Reviews

    Under the CAA, the Administrator is required to approve a SIP 
submission that complies with the provisions of the CAA and applicable 
Federal regulations. 42 U.S.C. 7410(k); 40 CFR 52.02(a). Thus, in 
reviewing SIP submissions, EPA's role is to approve state choices, 
provided that they meet the criteria of the CAA. Accordingly, this 
action merely approves state law as meeting Federal requirements and 
does not impose additional requirements beyond those imposed by state 
law. For that reason, this action:
     Is not a significant regulatory action subject to review 
by the Office of Management and Budget under Executive Orders 12866 (58 
FR 51735, October 4, 1993) and 14094 (88 FR 21879, April 11, 2023);
     Does not impose an information collection burden under the 
provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);
     Is certified as not having a significant economic impact 
on a substantial number of small entities under the Regulatory 
Flexibility Act (5 U.S.C. 601 et seq.);
     Does not contain any unfunded mandate or significantly or 
uniquely affect small governments, as described in the Unfunded 
Mandates Reform Act of 1995 (Pub. L. 104-4);
     Does not have federalism implications as specified in 
Executive Order 13132 (64 FR 43255, August 10, 1999);
     Is not subject to Executive Order 13045 (62 FR 19885, 
April 23, 1997) because it approves a state program;
     Is not a significant regulatory action subject to 
Executive Order 13211 (66 FR 28355, May 22, 2001); and
     Is not subject to requirements of Section 12(d) of the 
National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272 
note) because application of those requirements would be inconsistent 
with the CAA.
    In addition, the SIP is not approved to apply on any Indian 
reservation land or in any other area where EPA or an Indian tribe has 
demonstrated that a tribe has jurisdiction. In those areas of Indian 
country, the rule does not have tribal implications and will not impose 
substantial direct costs on tribal governments or preempt tribal law as 
specified by Executive Order 13175 (65 FR 67249, November 9, 2000).
    Executive Order 12898 (Federal Actions To Address Environmental 
Justice in Minority Populations and Low-Income Populations, 59 FR 7629, 
February 16, 1994) directs Federal agencies to identify and address 
``disproportionately high and adverse human health or environmental 
effects'' of their actions on minority populations and low-income 
populations to the greatest extent practicable and permitted by law. 
EPA defines environmental justice (EJ) as ``the fair treatment and 
meaningful involvement of all people regardless of race, color, 
national origin, or income with respect to the development, 
implementation, and enforcement of environmental laws, regulations, and 
policies.'' EPA further defines the term fair treatment to mean that 
``no group of people should bear a disproportionate burden of 
environmental harms and risks, including those resulting from the 
negative environmental consequences of industrial, governmental, and 
commercial operations or programs and policies.''
    IEPA did not evaluate environmental justice considerations as part 
of its SIP submittal; the CAA and applicable implementing regulations 
neither prohibit nor require such an evaluation. EPA did not perform an 
EJ analysis and did not consider EJ in this action. Consideration of EJ 
is not required as part of this action, and there is no information in 
the record inconsistent with the stated goal of E.O. 12898 of achieving 
environmental justice for people of color, low-income populations, and 
Indigenous peoples.
    This action is subject to the Congressional Review Act, and EPA 
will submit a rule report to each House of the Congress and to the 
Comptroller General of the United States. This action is not a ``major 
rule'' as defined by 5 U.S.C. 804(2).
    Under section 307(b)(1) of the CAA, petitions for judicial review 
of this action must be filed in the United States Court of Appeals for 
the appropriate circuit by March 18, 2024. Filing a petition for 
reconsideration by the Administrator of this final rule does not affect 
the finality of this action for the purposes of judicial review nor 
does it extend the time within which a petition for judicial review may 
be filed, and shall not postpone the effectiveness of such rule or 
action. This action may not be challenged later in proceedings to 
enforce its requirements. (See section 307(b)(2).)

List of Subjects in 40 CFR Part 52

    Environmental protection, Air pollution control, Carbon monoxide, 
Incorporation by reference, Intergovernmental relations, Ozone, 
Particulate matter, Sulfur oxides, Volatile organic compounds.


[[Page 2885]]


    Dated: January 9, 2024.
Debra Shore,
Regional Administrator, Region 5.

    For the reasons stated in the preamble, 40 CFR part 52 is amended 
as follows:

PART 52--APPROVAL AND PROMULGATION OF IMPLEMENTATION PLANS

0
1. The authority citation for part 52 continues to read as follows:

    Authority:  42 U.S.C. 7401 et seq.


0
2. In Sec.  52.720, the table in paragraph (c) is amended by:
0
a. Revising the entry for ``243.108'' and the first entry for 
``243.122'' (State effective date 8/18/2020); and
0
b. Removing the second entry for ``243.122'' (State effective date 2/
19/2019).
    The revisions read as follows:


Sec.  52.720  Identification of plan.

* * * * *
    (c) * * *

                                 EPA-Approved Illinois Regulations and Statutes
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                                                             State
        Illinois citation             Title/subject        effective     EPA approval date         Comments
                                                             date
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                                                  * * * * * * *
243.108..........................  Incorporation by           3/4/2022  1/17/2024, [INSERT
                                    Reference.                           FEDERAL REGISTER
                                                                         CITATION].
 
                                                  * * * * * * *
243.122..........................  Sulfur Oxides              3/4/2022  1/17/2024, [INSERT
                                    (Sulfur Dioxide).                    FEDERAL REGISTER
                                                                         CITATION].
 
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[FR Doc. 2024-00658 Filed 1-16-24; 8:45 am]
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